Positions versus interests in settlement negotiations

Settling a divorce or family law matter is not an easy task for many individuals. To settle a divorce or family law matter, parties have to able to enter a comprehensive settlement on all the issues that are out there in the case.

For many individuals, this can be tough. This can be especially tough when individuals start giving their positions. A position is a specific desire or want a party wants to settle their divorce or family law matter.

A position can be all kind of things. A position could be wanting to keep their 401k. A position could be wanting the martial home. A position could be wanting the kids to be in a particular school. The reality is that may have a specific position on a multiplicity of issues in a divorce or family law matter.

On the flip-side, the other party to the case likely has their specific positions as well. In many instances, their positions might be the polar opposite of the other party to the case. In a divorce, this can be particularly true because many parties struggle to compromise in a marriage. This struggle can often lead to divorce.

One thing many parties should consider is what are there interests versus their positions? In other words, why is getting the 401k so important? What is wanting the marital home so important? Why is this school so important?

When a party gets past their position and starts to break down what the interest is, this is where the pathway for settlement can often be found. In other words, a party might want to keep their 401k because they want to be financially secure for retirement? A party might want the house because the house has three bedrooms and they want a three bedroom house? A party might desire a particular school because where it ranks?

But in some cases, a party might be able to ensure the interests they have are met and addressed while meeting a middle ground on the actual position itself. This can often be done through parties creatively having a discourse about their interests versus reaching a stalemate on their positions.

For example, maybe this particular party can end up being financially secure for retirement a different way other than keeping their entire 401k? Maybe a party can end up with a different three bedroom house? Or, maybe the parties will be able to get the kids in another school that ranks as high or higher?

In this way, attorneys can often help as well by helping the client focus on their interest versus their positions. Certainly, this won’t work in every case. But in many cases, it is the pathway to resolution where the parties are stuck on their specific positions.